Loaning a firearm to cousin under 21 for work?

[Clich]

This is kind of a strange question and I was unsure which forum to put this in. But my 19 year old cousin is getting a job at a security company but needs to openly carry a firearm. Now it's my understanding that over 18 you can own a gifted firearm and openly carry said firearm. But his parents, while into hunting and long guns do not have any pistols to give to him. They are also worried about the "straw purchase" law so they do not want to buy one to give to him. So in steps me and my collection of pistols. Can I legally loan him one of my pistols to use for work until either he gets a new job or he is old enough to buy his own. Granted he only carries it at work and properly transports it? He has bought several rifles so I know he can legally own a firearm.

[gnbrotz]

This is kind of a strange question and I was unsure which forum to put this in. But my 19 year old cousin is getting a job at a security company but needs to openly carry a firearm. Now it's my understanding that over 18 you can own a gifted firearm and openly carry said firearm. But his parents, while into hunting and long guns do not have any pistols to give to him. They are also worried about the "straw purchase" law so they do not want to buy one to give to him. So in steps me and my collection of pistols. Can I legally loan him one of my pistols to use for work until either he gets a new job or he is old enough to buy his own. Granted he only carries it at work and properly transports it? He has bought several rifles so I know he can legally own a firearm.

No.

You can legally loan a firearm to another PA resident who holds a LTCF, but since he is under 21, he is not yet eligible to apply.

A 'bona fide gift' is clearly not the same as a straw purchase, so unless his parents can wrap their head around that, and gift him a firearm, I believe he's SOL.

OASN, he is (or will be) ACT 235 certified? It's a requirement to work as armed security in PA.

[Clich]

He said yes he is going to be ACT 235 certified

[Statkowski]

When in doubt, see what the actual law says:

§ 6115. Loans on, or lending or giving firearms prohibited.
(a) Offense defined.--No person shall make any loan secured
by mortgage, deposit or pledge of a firearm, nor, except as
provided in subsection (b), shall any person lend or give a
firearm to another or otherwise deliver a firearm contrary to
the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the
following apply:
(i) The person who receives the firearm is licensed
to carry a firearm under section 6109 (relating to
licenses).
(ii) The person who receives the firearm is exempt
from licensing.
(iii) The person who receives the firearm is engaged
in a hunter safety program certified by the Pennsylvania
Game Commission or a firearm training program or
competition sanctioned or approved by the National Rifle
Association.
(iv) The person who receives the firearm meets all
of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to
possession of firearm by minor) is under the
supervision, guidance and instruction of a
responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or
possessing a firearm under section 6105 (relating
to persons not to possess, use, manufacture,
control, sell or transfer firearms).
(v) The person who receives the firearm is lawfully
hunting or trapping and is in compliance with the
provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution
is able to adequately secure firearms in its possession.
(2) Nothing in this section shall be construed to
prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21
(relating to intestate succession) or by bequest if the
individual receiving the firearm is not precluded from owning
or possessing a firearm under section 6105.
(3) Nothing in this section shall be construed to
prohibit the loaning or giving of a firearm to another in
one's dwelling or place of business if the firearm is
retained within the dwelling or place of business.
(4) Nothing in this section shall prohibit the
relinquishment of firearms to a third party in accordance
with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
party for safekeeping).

Section 6115(a) says you can't.
Section 6115(b)(1)(i) makes an exception to the preceding if the person is licensed under Section 6109 (i.e., has an LTCF). At 19 years of age he'll not meet this exception.
Section 6115(b)(1)(ii) makes an exception to the preceding if the person is exempt from licensing. For this we have to look at another law, Licensing:

§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.

As an Act 235 agent, to me it looks like Section 6106(b)(6) makes him exempt from licensing while working as an Act 235 agent.

I think you well just might be able to legally loan him a handgun.

[gnbrotz]

When in doubt, see what the actual law says:

§ 6115. Loans on, or lending or giving firearms prohibited.
(a) Offense defined.--No person shall make any loan secured
by mortgage, deposit or pledge of a firearm, nor, except as
provided in subsection (b), shall any person lend or give a
firearm to another or otherwise deliver a firearm contrary to
the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the
following apply:
(i) The person who receives the firearm is licensed
to carry a firearm under section 6109 (relating to
licenses).
(ii) The person who receives the firearm is exempt
from licensing.
(iii) The person who receives the firearm is engaged
in a hunter safety program certified by the Pennsylvania
Game Commission or a firearm training program or
competition sanctioned or approved by the National Rifle
Association.
(iv) The person who receives the firearm meets all
of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to
possession of firearm by minor) is under the
supervision, guidance and instruction of a
responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or
possessing a firearm under section 6105 (relating
to persons not to possess, use, manufacture,
control, sell or transfer firearms).
(v) The person who receives the firearm is lawfully
hunting or trapping and is in compliance with the
provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution
is able to adequately secure firearms in its possession.
(2) Nothing in this section shall be construed to
prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21
(relating to intestate succession) or by bequest if the
individual receiving the firearm is not precluded from owning
or possessing a firearm under section 6105.
(3) Nothing in this section shall be construed to
prohibit the loaning or giving of a firearm to another in
one's dwelling or place of business if the firearm is
retained within the dwelling or place of business.
(4) Nothing in this section shall prohibit the
relinquishment of firearms to a third party in accordance
with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
party for safekeeping).

Section 6115(a) says you can't.
Section 6115(b)(1)(i) makes an exception to the preceding if the person is licensed under Section 6109 (i.e., has an LTCF). At 19 years of age he'll not meet this exception.
Section 6115(b)(1)(ii) makes an exception to the preceding if the person is exempt from licensing. For this we have to look at another law, Licensing:

§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.

As an Act 235 agent, to me it looks like Section 6106(b)(6) makes him exempt from licensing while working as an Act 235 agent.

I think you well just might be able to legally loan him a handgun.

So how strictly is "while working" applied? Will the loan process need to begin and end at the beginning and end of every work shift to fall within the proscription (assuming it applies at all)?

Given how the "to and from" certain places exceptions (6106 (b)(4) & (8)) are applied, I'd tend to lean towards the side that creates the biggest nuisance/hardship for the cousin.

Given that a conviction of the offense of prohibiting, even for a previously non-prohibited person, this is an answer the OP's cousin might best get from an actual consultation with an attorney.

[ForeverPA]

How is a 19 year old who has barely touched a gun gets hired as an armed security guard? And isn’t the question moot until he is certified? Not sure “he is going to be” certified is good enough.

[Statkowski]

How is a 19 year old who has barely touched a gun gets hired as an armed security guard?

How is a 19 year old who has barely touched a gun gets hired as an Infantryman in the Army or Marine Corps? He meets qualifications, appears reasonably intelligent, and is willing to learn.

And isn’t the question moot until he is certified?

Yes, but better to ask before than after.

Not sure “he is going to be” certified is good enough.

It isn't, for now. However, once he passes the MMPI and criminal background checks, it's a lot easier to get certified once those two hurdles are passed.

[ScotsGuards]

Ok, the laws read he is ok to carry for work, and only to and from work, without an LCTF. However the law is pretty clear he cannot be loaned a firearm unless he is licensed. Also as he is your cousin and NOT a parent, child or spouse you cannot gift him one.

So, the answer is NO. If he wants a handgun, Mom or Dad are going to have step up and get him one they can then gift to him.

[Statkowski]

However the law is pretty clear he cannot be loaned a firearm unless he is licensed.

I, Sir, respectfully disagree. The law is not "pretty clear." He cannot be loaned a firearm unless he is licensed, or is exempt from licensing. Section 6106(b)(6) exempts him from licensing, so, once Act 235 certified, he could be loaned a firearm.

But, I do agree that it would be far, far easier for Mom or Pop to purchase a firearm and present it to him as a gift.

[Clich]

As for the "barely handled a firearm" he is more than adept with the safe handling and operation of firearms and has on more than one occasion out shot me with pistols. It isn't the actual certification and showing his ability that is in question. It was whether or not he can be loaned one since he needs to use his own for both certification and work.

What I was mainly calling in to question is the law states that it is illegal to loan to someone under 18 but ok over 21 so he kind of fell into a grey area and im certainly no lawyer. But I looked into the straw purchase more and explained it to his parents and they are now more than happy to gift him one for work purposes.